Justice in Plainclothes: A Theory of American Constitutional PracticeYale University Press, 2008 M10 1 - 272 páginas In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come. |
Dentro del libro
Resultados 1-5 de 45
... tional governmental structures that work to the disadvantage of vulnerable groups who depend on nonjudicial governmental actors for full protection against injustice . Underenforcement is not just about selective judicial passivity ...
... tional practice that will shed light not just on the questions of what good reasons we have for pursuing that practice and the best means of doing so; I hope as well to offer reasons why other political communities should be attracted ...
... tional content to precepts of constitutional value . Partnership mod- els value judges precisely because of the normative judgment they bring to the table . That judgment is bounded and disciplined by the constitutional sources invoked ...
... tional practice , not specific accounts or even recognizable families or forms of accounts . We need to get more specific . Pure Agency : Originalism Among agency accounts we can distinguish between a pure form and a moderated form ...
... tional text speaks clearly , judges are obliged to respond . Academics bent on unseating the idea that text can bind its interpreters have played with the idea that even the constitutionally specified age limits for high national office ...
Contenido
1 | |
12 | |
30 | |
42 | |
Lean Middling and Thick | 58 |
The JusticeSeeking Account of Our Constitutional Practice | 70 |
Chapter 6 The Thinness of Constitutional Law and the Underenforcement Thesis | 84 |
Chapter 7 The Conceptual Salience of Underenforcement | 93 |
Chapter 8 The Domain of Constitutional Justice | 129 |
Chapter 9 The Birth Logic of a Democratic Constitution | 161 |
Chapter 10 Democracy and the JusticeSeeking Constitution | 194 |
Conclusion | 222 |
Notes | 227 |
Index | 241 |
Otras ediciones - Ver todas
Justice in Plainclothes: A Theory of American Constitutional Practice Lawrence G. Sager Vista previa limitada - 2004 |
Justice in Plainclothes: A Theory of American Constitutional Practice Lawrence G. Sager Vista previa limitada - 2008 |
Justice in Plainclothes: A Theory of American Constitutional Practice Lawrence G. Sager Sin vista previa disponible - 2004 |